Revolutionary War Pension and Bounty Land Warrant Application File R. 3428, Abijah Fairchild, N.C.

SERVICE
NUMBER
N. 6
Fairchild, Abijah Violate
R. 3428
Born in N.J.
CONTENTS

Gen. James McCallum, Gen. John H. Sevier, M.C.
State of North Carolina } p Wilkes County }
12.595 100 Royal Standard
Court of pleas and quarter Sessions August Session, 1834
This 6 th day of August in the year of our Lord one thousand eight hundred and thirty four, personally appeared in open Court Abijah Fairchild, a resident resident in the County of Wilkes, and State of North Carolina aged seventy one years and being sworn in due form of Law doth for the purpose of availing himself of the benefit of the Pension Act passed by the Congress of the United States on the 7 th day of June A.D. 1832. declare depose and say that he was born in the State of New Jersey in the year 1763. of which I have the record at home that he left that County when about five years old and settled in Wilkes County North Carolina where he resided ever since, that he volunteered in the month of May 1779. and was called into service the Commission of Corporal under the Command of Captain William Sloan (the inferior officers not recollected) and marched a cross the Blue Ridge down New River to Grayson County Virginia as far as Cox's settlement in pursuit of a band of Tories and out Ligon, from which place we was returned to Wilkes where we remained in service scouting and guarding the Country for three months for which service he received no discharge as he now recollects of He further states that in the month of May 1780 he volunteered and called into service under the Command of Captain James Henderson his inferior officers not now recollected and was marched to Cades fort in Patrick County in pursuit of a band of Tories and out Ligon who was commanded by

a Fory Col. o by the name of Robins - when we remained for some time scouting and guarding the Country, when we marched back to Wilkes and in service guarding the Country, for three months when we was dismissed this of fical received no discharge. He further states that in the month of October 1779 he volunteered and was called into service under the Command of Captain Robert Cleveland and Richard Stoughton I believe was our Lieutenant marched up the Yadkin River in pursuit of the Tories he remained in service Ten days when he was dismissed he received no discharge - He further states that in the latter part of the month of August he volunteered and was called into service under the Command of Col. Benjamin Cleveland and Captain William Jackson and was on his march to Kings mountain when he was taken some in Burk County where he was sent home, on furlough as soon as the battle was over at Kings mountain and the Troops returned with the prisoners he joined the Troops at Wilkesboro under the same officers to guard the prisoners, and marched to Old Richmond in Surry County and from that place to Salem where we remained for some time guarding the Prisoners when he returned home after having served Two months - he received no written discharge but was dismissed by his officers - He further states that in the year 1781. he volunteered and was called into service under the Command of Captain Robert Cleveland & Richard Stoughton was our Lieutenant we march d from Wilkes County down to the forks of the Yadkin in order to join Genl. Greene's army who was retreating from the British Army finding that the British was between us and Greene's army our Captain sent us home in the month of April he is of the opinion that he was in service one month

he further states that during all the services rendered by him in the Revolutionary War that Samuel Castle was in company who at this time owing to old age is not able to attend court - he relinquishes all claim whatsoever to a pension or annuity except the Pension and further states that his name is not on the Pension roll of the agency of any State sworn to and subscribed in open court the day and date above written. This affiant knows of no living witness by which he can prove his services except the above statement Abijah Fairchild
Sub. J. M. Washburn Clerk We the undersigned Clergymen & Hamilton Brown in the County of ... and State aforesaid and the said Abijah Fairchild, Residing in the same do hereby certify that we are well acquainted with Abijah Fairchild Esq. who has subscribed and sworn strictly to the above declaration that we believe him to be fully  the year of age and that said Fairchild is respected and beloved in the neighbourhood where he resides to have been a Revolutionary Soldier and we concur in that opinion Sworn & subscribed in open court the day and year aforesaid -
Test
J. M. Washburn Clerk
Themer... Fletcher
Hamilton Brown
Where was you born in the state of New Jersey
Have you any Record of your age and if so where is it kept at home.
Where were you living when called into service in New Jersey County of Hunterdon
Where have you lived since the Revolutionary War and where do you now live in the County of Hunterdon State of New Jersey at the place where I now live.
How were you called into service were you drafted or did you volunteer or were you a substitute and for whom. Always volunteer.

Did you ever receive a discharge from the Service and if so by whom was it given and what has become of it I never received an written discharge but was always paid by my officers
State the names of persons to whom you are known in your present neighbourhood and who can testify to your character for veracity and their belief in your services as a soldier of the Revolution Thomas Fletcher Clergyman and Col. Hamilton Brown
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented by the War Department that the above named applicant was a Revolutionary soldier and served as he said and the court further certifies that it appears to them that Thos Fletcher Clergyman & Col. Hamilton Brown who has signed the preceding certificate and that they reside in said County and that their certificates are entitled to full credit
Colm Jones Chairman
I the Clerk of the County Court of Pleas & Quarter Sessions for the County of Middle do hereby certify that the foregoing contains the original proceedings of the said Court on the matter of the application of Abijah Fairchild Esq. for a pension
In testimony whereof I have hereunto set my hand and seal at Office in Milford the 7th day of August AD 1834
Wm. Mastin Clerk

State of North Carolina Wilkes County } ss
On this 28 th day of October A D one thousand Eight hundred and fifty one personally appeared before me the undersigned an acting justice of the Court of Record in said county and that Violah Fairchild a resident of said county aged seventy six years and who being by me duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the provision of the act of Congress passed 29 th day of July A D 1848 granting the widows of Revolutionary soldiers pensions: That she is the widow of Abigah Fairchild who was a soldier in the Revolution War, and who prepared his declaration and proved his services (she thinks) by one Samuel Bastel, but died before he got his claim allowed, and to which evidence she refers for evidence of service
She further states that she has no documentary evidence of the marriage or of the service of Abigah Fairchild her husband, and that she being old and infirm she cannot tell the names of his officers under whom he served, nor of the length of time he served, but that she is of opinion that he served something near twelve months in all. That if he ever had a certificate of discharge she does not recollect what

has become of it (if he ever had one) She further declares that she was married to the said Abigail Fairchild on the 20 th day of March - A d one thousand seven hundred and ninety five and the marriage took place in Wil- kes county and state of North Carolina, that they were married by licence, and that Moses Waters was the Justice of the Peace who said the ceremony, that she was not married to said Abigail Fairchild prior to his leaving the service but the marriage actually took place previous to the 2nd day of January eighteen hundred - - - viz at the time above stated, and that said Abigail Fairchild died on the day of April A d one thousand eight hun- dred and forty three, as will appear by refer- ence to the accompanying testimony.
Violate her Fairchild mother
Sworn to and subscribed before me on the day and year above written. And I hereby certify that I believe said Violate Fairchild to be of good character and entitled to full faith and credit, and that she is of the age above stated. I further certify that she is from bodily infirmity unable to attend at Wilkes boro the place of holding the courts for said county, and that she is the widow of Abigail Fairchild. In testimony of which I have set my hand. Samuel Walker Justice

State of North Carolina County of Wilkes 355
On this 28 th day of October A D one Thous and eight hundred and fifty one person- ally appeared, before me the undersigned an acting justice in in said county & the Elizabeth Proffit a resident of said county aged eighty years and who being under her oath according to Law, declares on her oath that she was personally present when Abigail Fairchild and Violah Gue- llet were married, that it took place in Wilkes County and on or about the 20 th day of March A D one thousand seven hund- red and ninety five, and that one reasonably she recollects it as well, there fell that night one of the largest snows she ever saw.
Elizabeth her mark Proffit
Subscribed to and subscribed before me on the day and year above written. And I fur- ther certify that Elizabeth Proffit is of good character and entitled to full faith and cre- dit, and that she is of the age above stated I further certify that she is unable from bodily infirmity to attend on the courts. Subtestimony of which I have set my hand
Sam l H. Walke Justice

Know all men by these presents That we Abigail Har rchild and David Shary of Wilkes County Northboro line are held and firmly bound unto Richard Sp eight Esq Governor, in the full sum of five hundr ed Pounds Current money of said state, and void on condition that the said Abigail Harchild sha fully comply with Law in respect of marriage with Violon Gullet as he has obtained license for said marriage. Witness our hands and seals this seventeenth day of March seventeen hundred and ninety five. Abigail Harchild David Shary  H. B Gordon ccc
State of North Carolina Wilkes County 3 rd I, W Mastin clerk of the County Court for said County do hereby certify that the above is a true copy of the marriage bond of Abigail Harchild and Violon Gullet who were married in this County, I further certify that Samuel Walsh Esq whose proper signature appears to this sheet is and was at the date of sig- ning the same an active Justice of our Superior Court duly commissioned & sworn according to Law
In testimony of which I have set my hand and affixed the seal of my office at Wilkesboro on this 29 th day of October AD 1837 W Mastin Clerk By H B Haugh D.C.

George South Wilkesboro N.C.
Not found in files Aug 22/87
Person claiming Report to Supt Aug 24/87 W
all in H. B. G. ... on ...

add to Abigail Fairchild's see her file
Person claim Report book Aug 24/57
Aug 23/57 N. H. Fairchild file
Jesse Yeats Wilksboro N.C.

advice of Benjamin Franklin for our friends
Pension claim Ref'd to Locke Aug 24/57
Aug 22/57
Not found in file
Dear Youth With thanks J.G.

I know all men by these presents that I Abigail Fairchild of Wilkes County and State of North Carolina have made constituted and appointed and by these presents do make constitute and appoint Jesse Yates of said Wilkes County & State of North Carolina my true and lawful attorney for me & in my name place & stead, giving & granting unto my said attorney full power and authority to do & to perform all and every acts & thing whatsoever requisit and necessary to be done in and about the pension of my Father Abigail Fairchild of the United States, with full power of substitution & revocation hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof and I do revoke any power of attorney heretofore made by me and declare the same void, In witness whereof I have hereunto set my hand & seal the 8 th day of August one thousand Eight hundred and fifty seven
Sealed & delivered in presence of } Abigail Fairchild Seal M c Elvainoy

Acts of July 14, 1862, and March 3, 1863.
REJECTED
3428
P. O.
Viola Fairchild
Service: wid. of Abijah
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Abijah Fairchild
North Carolina
Suspended
Lib 4 Feby 1835
Rev. J. Melborn Set S. Godwin Dec 11. 1857. Same Jan 12/52. Same Aug 9 1852 " Mar 21 1853
3428

No 1183  10380
Violate Fairchild and Abijah N.C.
Mar 5 1852 Mar 21 1853 Sept 1854 Oct 1854 Aug 31 1857
Ad 29 July 1878

Wilkesboro NC Aug 12 th 1887
Sir
I recd your letter and in return I send you a form of Attorney Requested You will please Report to me the condition &c of Abijah Fanchers pension claim &c and oblige
Yours faithfully Jesse Yeats
Jesse

Abijah Farrar child
n e
Col Goddard

Revolutionary blair
Viola Fairchild's Cass
S. G. Groom Present

State of North Carolina, Wilkes County } ss.
On this Third day of November A.D. one thousand eight hundred and fifty one personally appeared before the Court of Pleas and Quarter sessions now sitting for said County, and State Samuel Wolsh Esq and Abijah Fairchild credible and disinterested witnesses, and who being by said Court first duly sworn according to Law declare on their oaths that they were personally and well acquainted with Abijah Fairchild who was reputed and believed in the neighborhood where he resided to have been a soldier of the Revolutionary war and that they concur in that opinion, that said Abijah Fairchild died on the eighth day of April A.D one thousand eight hundred and forty three and that Violet Fairchild is his widow to whom he was married in Wilkes County N.C. and that she is now a widow, and now resides in said County and State, and that they are disinterested in this matter.
Samuel Wolsh Esq Abijah Fairchild Esq
Sworn to and subscribed in open Court on the day and year above written; and the Court hereby certifies that Samuel Wolsh Esq and Abijah Fairchild are credible and disinterested witnesses, and from their testimony, which is hereby,

satisfactory, they further certify that Abijah Fairchild died on the 8 th day of April one thousand eight hundred and forty three and that Violet Fairchild is his widow as stated. In testimony of which the Chairman of said Court have set my hand,
Wm C Emmet. Chair
State of North Carolina
I Willashu Clerk of Wilkes County Court do certify that Wm C Emmet is the acting Chairman of the County Court of Wilkes, and that the foregoing signature purports to be his in genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at office November 3 rd 1857
Willashu Clerk

I Samuel Castle do hereby depose & swear that I was as attached to the same company with Abijah Fairchild in all the services in his deposition mentioned as well as I recollect and had also believe he read over all the services then mentioned except the trip down New River to Cross Settlement in a I was not in company at that time soon to be subscribed before me the day & date above. G. Summerlin J.P. Samuel Castle mark
We Winborn Summerlin & Wm base do swear that we are well acquainted with the character of Samuel Castle who signed the above certificate and he is reputed in his neighborhood to be a man of truth & we concur in that belief G. Summerlin J.P. Winborn Summerlin mark Wm base

North Carolina } William Hoston clerk of the court Wilkes, County } Court of Pleas and Quarter Sessions, for the County of Wilkes, do hereby certify that Griffin Samerlin's Deed before me shows the within certificate was made in virtue of the acting Justice, of Petition for a new trial and that full faith and credit is due to all his acts as such
Given under my hand and seal of office at Wilkesboro this 11th day of September 1834
Wm. Hoston

Cal
Came under cover 3: Frank 7 Hon T. L. Clingman Sept 2/54

Burnsville Janey 60 N.C. July 6 th 1884
Sir
In the case of Violah Fairchild of Miller County N.C. widow of Abijah Fairchild it does seem to me that due right has not been given to the evidence that is on file. He the soldier proves his service by Samuel Boston a pension and a man of good character and then shows conclusively his general character to be that of a soldier of the Revolution.
When I took up the claim first in 1887 and prepared the papers for the widows claim I, again added evidence to the good character and also that production will be now beyond all doubt a soldier in the war. The marriage was clearly made out by the records from Miller County. Now when it is recollected that many of the Rolls of this State relating to the Revolution war, were burned at the time the Capitol was destroyed by fire, I cannot conceive that this strict construction of the law which excludes so many circumstantial facts and some very positive evidence is in accordance with the original spirit of the Laws of Congress. Now Mr Attorney General Butler says that the Common Law rules of evidence shall be adopted in the adjudicating of claims in the Pension Office, for Pensions,

Now if this be the rule in your Office which I have never heard contradicted and Old Mr Fairchild or his widow stood indicted for murder and 12 of your most talented clerks were selected as jurors, there could not be a single doubt left in their minds as to his guilt if the same kind of evidence (in strength) was produced against him or her in that case as is now on file that is if it was as strong as to facts
If you still think that you cannot consistently with the laws and rules in your office all on this claim, then I must ask of you the favor of a true and correct copy of each paper now on file, that it may be further investigated. From the many concerning facts in this case and the manner in which they are spoken of by many of the oldest and most respectable people in Wilkes County, I am not believe that the old man and old woman have never been accused of in this County where they lived for a great number of years. You will let me hear from you on this. The Pension we have claimed would commence under act 7 June 1832 and terminate in 1844 or at his death & then commence under act 1848 and terminate at her death.
I am Sir your obed servt
Hon E.P. Wolde
John B. Woodfin

Comptroller's Office N.C. March 25th. 1852
Sir
I have made a thoro' and most diligent search of the records of this office for evidence of the services of Abijah Fairchild without being able to find any.
If you will state explicitly & particularly what you expect the records of this office to prove respecting John Webb I will investigate the case. If I do not mistake you expect me to identify the man if so there is hardly a probability of success.
I expect to have more leisure, than of late, for some time to come and will take pleasure in attending to your case.
Very respectfully
Your obdt. servt.
Wm J. Clarke Compt.
Fee for search $2 50

Burnsville Janey 60 N.C. Sept 27 th 1857
Sir
In your letter of the 5 th instant you require from me a Power of Attorney in the case of Violet Fairchild widow of Abijah all of Wilkes Co N.C. Now it is professedly strange that after I have filed the Declaration of the widow in my own hand writing and then after her death have sent the court papers showing the Administration and also some testimony as to her reputation &c and also a Power of Atty to S. Godwin Esq to act as my immediate agent at the Office, I say after all this and the papers being before you in your Office it is very strange that I now should be required to file an other Power of Atty, before I can have the claim reported upon to me. You certainly do not intend to make and adhere to such unheard of Rule as this . I ask nothing but what is reasonable and just
I am sir
Your obed servt Jno B. Woodfin
Hon L. P. Waldo Comm of Pensions